senate Bill S5461B

2013-2014 Legislative Session

Prohibits persons from holding public office or positions of political party leadership for a period of ten years when convicted of certain felonies

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2014 print number 5461b
amend and recommit to investigations and government operations
Apr 09, 2014 print number 5461a
amend and recommit to investigations and government operations
Jan 08, 2014 referred to investigations and government operations
May 16, 2013 referred to investigations and government operations

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S5461 - Details

Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Add §3-d, Pub Off L; amd §79, Civ Rts L

S5461 - Summary

Prohibits persons from holding public office or positions of political party leadership for a period of ten years when convicted of certain felonies and prohibits such persons from joining a political party for a period of five years following the completion of any sentence for such felony conviction.

S5461 - Sponsor Memo

S5461 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5461

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public officers law and the  civil  rights  law,  in
  relation  to  prohibiting  persons from holding public office or posi-
  tions of political party leadership when convicted of certain felonies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The public officers law is amended by adding a new section
3-d to read as follows:
  S 3-D. RESTRICTIONS UPON HOLDING PUBLIC OFFICE; FELONY CONVICTION.  1.
NO  PERSON  SHALL  BE CAPABLE OF HOLDING A CIVIL OFFICE OR A POSITION OF
LEADERSHIP IN A POLITICAL PARTY IF HE OR SHE HAS BEEN CONVICTED  OF  ANY
FELONY UNDER ARTICLE ONE HUNDRED FORTY-FIVE, ONE HUNDRED FIFTY-FIVE, ONE
HUNDRED  SEVENTY, ONE HUNDRED SEVENTY-FIVE, ONE HUNDRED NINETY-FIVE, TWO
HUNDRED, TWO HUNDRED TEN, OR TWO HUNDRED FIFTEEN OF THE PENAL LAW.
  2. NO PERSON SHALL BE CAPABLE OF JOINING A POLITICAL PARTY FOR A PERI-
OD OF FIVE YEARS FOLLOWING THE COMPLETION OF ANY SENTENCE FOR  A  FELONY
CONVICTION UNDER ARTICLE ONE HUNDRED FORTY-FIVE, ONE HUNDRED FIFTY-FIVE,
ONE  HUNDRED SEVENTY, ONE HUNDRED SEVENTY-FIVE, ONE HUNDRED NINETY-FIVE,
TWO HUNDRED, TWO HUNDRED TEN, OR TWO HUNDRED FIFTEEN OF THE  PENAL  LAW,
REGARDLESS  OF WHETHER HE OR SHE HAS OBTAINED A CERTIFICATE OF RELIEF OF
DISABILITIES FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S 2. Subdivision 1 of section 79 of the civil rights law,  as  amended
by chapter 687 of the laws of 1973, is amended to read as follows:
  1. Except as provided in subdivision two a sentence of imprisonment in
a  state  correctional  institution for any term less than for life or a
sentence of imprisonment in a  state  correctional  institution  for  an
indeterminate term, having a minimum of one day and a maximum of natural
life,  forfeits all the public offices, and suspends, during the term of
the sentence, all the civil rights, and all private  trusts,  authority,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11139-01-3

Co-Sponsors

S5461A - Details

Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Add §3-d, Pub Off L; amd §79, Civ Rts L

S5461A - Summary

Prohibits persons from holding public office or positions of political party leadership for a period of ten years when convicted of certain felonies and prohibits such persons from joining a political party for a period of five years following the completion of any sentence for such felony conviction.

S5461A - Sponsor Memo

S5461A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5461--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sens. LATIMER, SERRANO -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and  Government Operations -- recommitted to the Committee on Investi-
  gations and Government Operations in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public officers law and the  civil  rights  law,  in
  relation  to  prohibiting  persons from holding public office or posi-
  tions of political party leadership when convicted of certain felonies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The public officers law is amended by adding a new section
3-d to read as follows:
  S 3-D. RESTRICTIONS UPON HOLDING PUBLIC OFFICE; FELONY CONVICTION.  1.
NO  PERSON  SHALL  BE CAPABLE OF HOLDING A CIVIL OFFICE OR A POSITION OF
LEADERSHIP IN A POLITICAL PARTY FOR A PERIOD OF TEN YEARS IF HE  OR  SHE
HAS  BEEN  CONVICTED OF ANY FELONY UNDER ARTICLE ONE HUNDRED FORTY-FIVE,
ONE HUNDRED FIFTY-FIVE, ONE HUNDRED SEVENTY, ONE  HUNDRED  SEVENTY-FIVE,
ONE  HUNDRED  NINETY-FIVE,  TWO HUNDRED, TWO HUNDRED TEN, OR TWO HUNDRED
FIFTEEN OF THE PENAL LAW.
  2. NO PERSON SHALL BE CAPABLE OF JOINING A POLITICAL PARTY FOR A PERI-
OD OF FIVE YEARS FOLLOWING THE COMPLETION OF ANY SENTENCE FOR  A  FELONY
CONVICTION UNDER ARTICLE ONE HUNDRED FORTY-FIVE, ONE HUNDRED FIFTY-FIVE,
ONE  HUNDRED SEVENTY, ONE HUNDRED SEVENTY-FIVE, ONE HUNDRED NINETY-FIVE,
TWO HUNDRED, TWO HUNDRED TEN, OR TWO HUNDRED FIFTEEN OF THE  PENAL  LAW,
REGARDLESS  OF WHETHER HE OR SHE HAS OBTAINED A CERTIFICATE OF RELIEF OF
DISABILITIES FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S 2. Subdivision 1 of section 79 of the civil rights law,  as  amended
by chapter 687 of the laws of 1973, is amended to read as follows:
  1. Except as provided in subdivision two OF THIS SECTION a sentence of
imprisonment  in a state correctional institution for any term less than

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11139-02-4

Co-Sponsors

S5461B (ACTIVE) - Details

Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Add §3-d, Pub Off L; amd §79, Civ Rts L

S5461B (ACTIVE) - Summary

Prohibits persons from holding public office or positions of political party leadership for a period of ten years when convicted of certain felonies and prohibits such persons from joining a political party for a period of five years following the completion of any sentence for such felony conviction.

S5461B (ACTIVE) - Sponsor Memo

S5461B (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5461--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sens. LATIMER, SERRANO -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and  Government Operations -- recommitted to the Committee on Investi-
  gations and Government Operations in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the public officers law and the  civil  rights  law,  in
  relation  to  prohibiting  persons from holding public office or posi-
  tions of political party leadership when convicted of certain felonies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The public officers law is amended by adding a new section
3-d to read as follows:
  S 3-D. RESTRICTIONS UPON HOLDING PUBLIC OFFICE; FELONY CONVICTION.  1.
NO  PERSON  SHALL  BE CAPABLE OF HOLDING A CIVIL OFFICE OR A POSITION OF
LEADERSHIP IN A POLITICAL PARTY FOR A PERIOD OF TEN YEARS IF HE  OR  SHE
HAS  BEEN  CONVICTED OF ANY FELONY UNDER ARTICLE ONE HUNDRED FORTY-FIVE,
ONE HUNDRED FIFTY-FIVE, ONE HUNDRED SEVENTY, ONE  HUNDRED  SEVENTY-FIVE,
ONE  HUNDRED  NINETY-FIVE,  TWO HUNDRED, TWO HUNDRED TEN, OR TWO HUNDRED
FIFTEEN OF THE PENAL LAW.
  2. NO PERSON SHALL BE CAPABLE OF JOINING A POLITICAL COMMITTEE  FOR  A
PERIOD  OF  FIVE  YEARS  FOLLOWING  THE COMPLETION OF ANY SENTENCE FOR A
FELONY CONVICTION UNDER ARTICLE  ONE  HUNDRED  FORTY-FIVE,  ONE  HUNDRED
FIFTY-FIVE,  ONE  HUNDRED SEVENTY, ONE HUNDRED SEVENTY-FIVE, ONE HUNDRED
NINETY-FIVE, TWO HUNDRED, TWO HUNDRED TEN, OR TWO HUNDRED FIFTEEN OF THE
PENAL LAW, REGARDLESS OF WHETHER HE OR SHE HAS OBTAINED A CERTIFICATE OF
RELIEF OF DISABILITIES FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S 2. Subdivision 1 of section 79 of the civil rights law,  as  amended
by chapter 687 of the laws of 1973, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11139-03-4

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